_To the Senate of the United States_:
I transmit for the consideration and action of the Senate a treaty
concluded with the Cherokees for the cession of their lands east of the
Mississippi River.
It is known to the Senate that for some years great difficulties have
been experienced in the relations of that tribe. Without further
allusion to these than as they furnish strong inducements to a final
settlement of all the questions involved in our intercourse with these
Indians, it is obvious from the existing state of things that they
can not continue in their present position with any hope of ultimate
prosperity. I have been, therefore, desirous that a just and
satisfactory arrangement should be made for their removal, and
propositions to that effect upon a liberal scale have been repeatedly
made to them. These have until now been rejected, and their rejection,
I have been induced to believe, has been owing more to the ascendency
acquired by individuals who are unwilling to go than to the deliberative
opinion of a majority of the Cherokee people. Some years since a form
of government was established among them, but since the extension of
the laws of Georgia and Alabama over them this government can have no
binding effect upon a great majority of them. Its obligation is also
denied by many of them in consequence of the continuance of certain
persons in power contrary to the principles of their fundamental
articles of association. A delegation from the persons claiming to hold
their authority under the former existing state of things is in this
city, and have communicated with the War Department on the subject of
their situation and removal. They deny the right of the persons who have
negotiated this treaty to perform such an act, and have remonstrated
against it. Copies of their communications are herewith transmitted.
The delegation who have signed the present treaty have produced an
authority from William Hicks, designating himself as principal chief,
and others, signing the same in an official capacity. It is understood
from the report of Major Currie, the enrolling agent, that public
notice was given to all persons desirous of emigrating to attend
upon a particular day and place in order to appoint representatives
to communicate with the Government and to arrange the terms of cession
and removal. In conformity with this notice a meeting was held and the
authority herein referred to was the result.
In consequence of this application John H. Eaton was appointed to meet
and confer with them and to report their views to the War Department.
These are embodied in the treaty which is presented to your
consideration.
Under these circumstances I submit the matter to the decision of the
Senate. The practice of the Government has not been very strict on the
subject of the authority of the persons negotiating treaties on the part
of the Indians. Sometimes it has been done by persons representing the
tribe and sometimes by the individuals composing it. I am not aware that
a case similar in its features to the present has ever before required
the action of the Government. But, independently of the considerations
which so forcibly urge a settlement of this matter, no injustice can be
done to the Indians by the ratification of this treaty. It is expressly
provided that it will not be binding upon them till a majority has
assented to its stipulations. When that assent is given no one can
justly deny its obligation.
The Cherokees east of the Mississippi occupy a portion of the
territories of four States, to wit, Georgia, North Carolina, Tennessee,
and Alabama. The treaty provides that the communities inhabiting
those divisions shall each be considered as acting for themselves
independently of the others. We have frequently in our intercourse
with the Indians treated with different portions of the same tribe as
separate communities. Nor is there any injustice in this as long as they
are separated into divisions without any very strong bond of union, and
frequently with different interests and views. By requiring the assent
of a majority to any act which will bind them we insure the preservation
of a principle which will afford adequate security to their rights.